Legal Question in Wills and Trusts in Louisiana

Re: inheritance without a will

Dear LawGuru Friend,

Sorry about the passing of your father! I can only answer your question about the Louisiana property. You will need to talk to legal counsel from Texas about how the Texas property should be handled.

You need to now, open your father's succession in Louisiana and have yourself named administratrix, sometimes referred to as "succession representative". That puts you then in charge of everything belonging to the estate, and you are only answerable to the Court that so appoints you. Once so appointed and qualified, you are even entitled to a fee from the estate for acting as such. Once so qualified, you can force your aunt to turn over to you any Louisiana property that she may be in possession of. Of course, it will be your duty to make sure all succession debts are paid and then to distribute the remainder of the estate to the rightful heirs of your father, according to the Louisiana laws of intestate successions: you and your siblings. There is more to it all than this, but this is something to consider. Good luck to you and your family!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

Re: inheritance without a will

Any Louisiana assets would go to you and your sibs. Texas assets would pass according to Texas laws of intestacy, but most likely those would go to you and your sibs also.

Some bank accounts are set up as "payable on death" accounts, and those go to the person named on the accounts to receive the funds at the account-holders death. If your sister's name is on the accounts, but they are not payable on death accounts, then they remain part of your father's estate, and would pass according to laws of intestacy. You would have to see how the account is set up to determine that.

Power of attorney does cease on the death of the person who granted it.